Enterprises Eligible For Foreign Aid Project Management Approach

Original Language Title: 对外援助物资项目实施企业资格管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349590.shtml

Enterprises eligible for foreign aid project management approach

    (June 8, 2011 Ministry of Commerce released as of July 15, 2011, 2011 2nd) Chapter I General provisions

    First to standardize Enterprise qualification management of external aid projects, according to the State Department to set administrative administrative examination and approval items really necessary to be retained licensing decision, these measures are formulated.

    Article II foreign aid projects in these measures (hereinafter referred to as aid supplies), refers to the Chinese Government for aid, interest-free or low-interest loans and other special assistance funds under the enterprise selected by the Chinese Government to provide recipient countries production and living materials project.

Article of Commerce for foreign aid material Enterprise qualification management project implementation.

    Provinces, autonomous regions, municipalities, separately listed cities and Xinjiang production and construction Corps business departments (hereinafter referred to as the provincial departments in charge of Commerce) according to these rules, care bear material project enterprise qualification and verification of nuclear work.

Fourth enterprises shall, in accordance with the rules of eligibility conditions and procedures for applying for aid supplies project implementation business qualifications, and in the context of licensing to take aid supplies project tasks.

    Aid supplies project implementation task is one that is responsible for the delivery of project cargo and aid supplies to recipients specified locations and provide other necessary services.

    Chapter II qualifications and conditions

Fifth foreign aid supplies project enterprise qualification in accordance with the qualifications as provided herein, two sets a and b level qualification.

Achieved a-level foreign aid supplies project enterprise qualified enterprises can bear the 22nd article of the foreign aid project management approach (a) provision of projects. Achieved b-class foreign aid supplies project enterprise of the enterprise can only bear the 22nd article of the foreign aid project management approach (a), provides amounts of less than RMB 10 million project.

    In accordance with the needs, the Ministry of Commerce said limits can be adjusted, and published in the form of announcement.

Article sixth grade aid supplies project enterprise of the Enterprise shall meet the following conditions:

(A) in accordance with the People's Republic of China laws set up in China's enterprises;

(B) all investment per capita for Chinese investors;

(C) is consistent with the provisions of the foreign trade law of foreign trade operators;

(D) the registered capital of RMB 50 million Yuan or more;

(E) the first 2 years of continuous profit;

(F) within the first 2 years is not subjected to criminal punishment, not for illegal activities or serious breach of the relevant provisions on administration of foreign aid have received administrative penalties;

(G) the first 2 years the average annual total imports and exports finished goods not less than US $ 100 million, or 2 years to take aid supplies project contract annual amount of not less than RMB 10 million and average annual total imports and exports finished goods not less than US $ 80 million;

(H) have a good business reputation and integrity of the financial system;

    (I) pay taxes according to law and pay social insurance fees.

Article seventh b-level foreign aid supplies project implementation of an enterprise of the Enterprise shall meet the following conditions:

(A) in accordance with the People's Republic of China laws set up in China's enterprises;

(B) all investment per capita for Chinese investors;

(C) is consistent with the provisions of the foreign trade law of foreign trade operators;

(D) the registered capital of RMB 10 million Yuan or more;

(E) the first 2 years of continuous profit;

(F) within the first 2 years is not subjected to criminal punishment, not for illegal activities or serious breach of the relevant provisions on administration of foreign aid have received administrative penalties;

(VII) 2 years before the average annual trade in finished goods import and export volume of not less than $ 50 million, or 2 years to take aid supplies project contract annual amount of not less than 5 million Yuan RMB and annual trade import and export volume of finished goods not less than US $ 30 million;

(H) have a good business reputation and integrity of the financial system;

    (I) pay taxes according to law and pay social insurance fees.

    Chapter III qualifications

Eighth Central enterprises and other enterprises registered in the administrative organs for industry and commerce under the State Council, to apply to the Ministry of Commerce foreign aid supplies project enterprise qualification. Apart from the provisions of the preceding paragraph, the enterprise application documents submitted to the provincial departments in charge of Commerce.

    Enterprise obtains the consent of Central enterprises subordinate to the central enterprise, may apply directly to the Ministry of Commerce for foreign aid supplies project implementation business qualifications.

Nineth status of enterprise application should provide the following to the application file:

(A) the request and the applicant to list;

(B) the business license (copy) and the legal representative, the main operators ' identification documents;

(C) the identity document of the investors (investor is a natural person, with their identity documents; funding for non-natural persons, attached to the registration certificate and the identity document of the legal representative);

(D) capital verification report or State-owned property rights registration certificate can be valid documents to prove enterprise support;

(E) stamped with the Special seal of the foreign trade operator registration foreign trade operator registration form or the People's Republic of China import and export Enterprise qualification certificate;

(F) customs or customs documents issued by the Statistics Department of the import and export of goods performance;

(VII) the first 2 year audited by an accounting firm accounting;

(H) within the first 2 years of the enterprise are not subjected to criminal punishment, not for illegal activities or serious breach of the relevant provisions on administration of foreign assistance received administrative punishment and the statement has a good business reputation;

(I) the tax authorities issued the first 2 years of tax records;

(10) the social insurance agency proof of 2 years before the payment;

    (11) the financial management rules and regulations document.

Tenth provincial-leveled Commerce departments shall from the date of receiving the complete application documents submitted by the companies within 5 business days to complete the initial nuclear work, after passing the initial nuclear nuclear commerce, together with enterprises eligible for file review.

Ministry of Commerce should be audited by its plans to grant license list and basic public notice 5 working days, and in the date of receiving the complete application documents submitted by the companies of 20 working days or receipt of early provincial-leveled Commerce departments completed within 15 working days from the date of the audit opinion auditing, made the decision to license or not.

Permission is granted, the Ministry should be released within 10 working days after making a licensing decision made lists of aid supplies project enterprise of the enterprise, and issue certificates of approval documents; no permission, MOFCOM shall not permit informed the applicant in writing within 10 working days after the decision.

    Nuclear early by provincial-leveled Commerce departments, Department of Commerce licensing decision should be copied to the competent provincial Commerce Department. 11th enterprise can only be eligible to apply for a grade. Eligibility for application for foreign aid will be a-class material project enterprise, audited, enterprise class a to class b the qualification conditions are not met, the Ministry of Commerce shall inform in writing the enterprise.

    Companies decide eligibility criteria for b-class should be 20 working days from the date of receipt of the written notice submitted to the Ministry of commerce within applications.

    Fourth chapter status

    Article 12th foreign aid supplies project enterprise of the enterprise (hereinafter referred to as aid material enterprises) should take care of the approval document shall not alter, resell, lease, lend or otherwise transfer.

13th care following change materials enterprises should be completion of the relevant administrative organs for industry and commerce within 1 month from the date of registration apply for registration of change of Commerce; no change in administrations for industry and commerce registration, within 1 month from the date of the change should be in the actual Department of Commerce apply to change record:

(A) the corporate name change;

(B) the business address change;

(C) the change of the legal representative;

(D) changes of registered capital;

(E) the type of business change;

(F) the contributors name changes;

    (G) key management personnel changes.

13th 14th material enterprises in foreign aid to these measures (a) to (f) of change, when you apply for registration of change should be provided with the following documents:

(A) change request form;

(B) the registration certificate issued by the Administration for industry and commerce.

Aid materials enterprises this article 13th paragraph (g) of change, should be provided when you apply for registration of change change request form and changes of key management and identity documents.

Belonging to the 13th article of these measures (a) to (c) provision, shall also provide the following documents:

(A) the license after the change;

(B) foreign trade operator registration documents;

(C) change of identification document of the legal representative.

This article 13th paragraph (d) and (e) the provision, after change of capital verification report should also be provided.

    Belonging to the 13th article of these measures (f) provided, should also provide the investor identity document after the change. 15th aid supplies enterprise restructuring or merger with other businesses, restructured or merged enterprises comply with the corresponding conditions as provided herein, in accordance with the re-eligibility as provided herein.

Restructured or merged enterprises can inherit the original import and export performance.

    Separation of material enterprises in foreign aid, after the Division meets the appropriate conditions as provided herein, in accordance with the re-eligibility as provided herein. 16th Ministry of Commerce dynamic management of aid materials enterprises, from the date of implementation of this approach once every two years for eligibility verification.

    Eligibility check last year and then qualified enterprises not to participate in the qualification certification.

17th Ministry of Commerce shall be in the Organization of qualification certification eligibility verification notice at least 1 month before.

    Eligibility verification status of enterprise should be in before the deadline stipulated by the verification notice, in accordance with the provisions of article eighth accepted principles, served on the Department of Commerce or provincial departments in charge of Commerce eligibility verification letter and this article Nineth part (b) to (11) of the file set.

    18th without any justified reason, material enterprises in the eligibility for foreign aid was not delivered before the deadline under the nuclear test announcement verifying files, its loss of eligibility and qualification check due within 1 year from the date of the bulletin shall not be re-eligibility.

19th provincial departments in charge of Commerce shall receive aid material enterprises complete verification within 5 working days from the date of the file to complete the initial nuclear and nuclear commerce in conjunction with Enterprise qualification verification file check.
MOFCOM shall receive aid material enterprises complete 20 working days from the date of the verification file or early provincial-leveled Commerce departments received within 15 working days from the date of the audit opinion completed verification and verification within 10 working days of the end results.

    20th a-class material enterprises in foreign aid the verification in accordance with the article sixth stipulated conditions, allow a-level qualifications; these procedures do not comply with article sixth condition but in accordance with the conditions specified in article seventh, demoted to b-material enterprises in foreign aid.

    21st b-material enterprises in foreign aid the verification in accordance with the article seventh stipulated conditions, to allow grade b qualification; does not comply, loss of eligibility.

    22nd application upgrade or downgrade material enterprises in foreign aid should be sent to the verification file formal applications, and approval in accordance with the appropriate permit application-level qualifications change.

    23rd Ministry of Commerce is responsible for foreign aid supplies project implementation supervision Enterprise qualification checks, finding aid materials enterprises no longer meets the conditions as provided herein, shall notify in writing the original document set aside, with a copy to local provincial-leveled Commerce authorities.

    The fifth chapter legal liability Article 24th by fraud, bribery or other improper means to obtain foreign aid supplies project implementation business qualifications, the Ministry should be given warning of the enterprise and revoked its eligibility, and a fine of 30,000 yuan fine.

    Violations of the relevant laws, administrative regulations, in accordance with the relevant provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated according to law.

25th under any of the following circumstances, the Ministry of Commerce may revoke the foreign aid supplies project enterprise qualification:

(A) violation of legal procedures to make licensing decisions;

    (B) not eligible to qualify or do not meet the statutory requirements of the enterprise.

    26th article 24th due to these measures be disqualification, is made within 3 years from the date of the decision on administrative penalty shall not apply for aid supplies project implementation business qualifications. 27th alter, resell, lease, lend aid supplies project enterprise qualification approval, or other ways to transfer aid supplies project implementation business qualifications, the Ministry should be given warning of the enterprise, and a fine of 30,000 yuan fine.

    Violations of the relevant laws, administrative regulations, in accordance with the relevant provisions of laws and administrative regulations administrative penalties constitutes a crime, criminal responsibility shall be investigated according to law.

    28th Ministry of Commerce staff and provincial Commerce authorities have violated the relevant laws and regulations and act as provided herein, the Ministry of Commerce and the provincial departments in charge of Commerce shall order the correct serious, managers and other persons directly responsible shall be given administrative sanctions.

    Article 29th Ministry of Commerce and the provincial departments in charge of Commerce staff in implementation of enterprise qualification in foreign aid supplies project management process, soliciting or accepting other people's property or to seek illegitimate interests, constitute a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions.

    The sixth chapter supplementary articles

    30th article this way prior to the introduction of access to foreign aid supplies project enterprise of the enterprise, since the implementation of this approach should be in accordance with this regulation within 6 months from the date of application for renewal of approval documents to the MOC.

    31st article this way, the term "investors" do not include foreign-funded enterprises.

    32nd article this approach is known as the "central enterprise" refers to the State-owned assets supervision and administration on behalf of the State Council to fulfil the responsibilities of investor business.

Article 33rd foreign emergency humanitarian relief assistance projects and military aid project implementation units, these procedures do not apply.

    Regarding the implementation of goods subject to state trading administration foreign aid supplies project enterprise, application of the measures for the administration of foreign aid projects article 28th of the provisions of the first paragraph.

    34th article of the referred to the "upper" and "lower", "not less than" containing the number itself.

    35th article of the approach by the Ministry of Commerce is responsible for the interpretation. 36th these measures shall come into force on July 15, 2011. Measures for the qualification accreditation of the foreign aid project enterprises (for trial implementation) (Ministry of Commerce 2004 10th order) repealed simultaneously.